2012 (7) TMI 784 - AT - Central Excise

Interest on delayed refund Held that - Interest on delayed refund is payable under Section 11BB of Central Excise Act, 1944 on the expiring of period of three months from the date of receipt of application under Section 11B(1) ibid and not from the date of order of refund or Appellate Order allowing such refund - order is set aside and appeal allowed

Summary

Issues:
1. Rebate claim rejection based on availing CENVAT Credit for exports under DFIA
2. Dispute over interest payment on rebate claim post expiry of 3 months from filing

Analysis:

1. The appellant's rebate claim for exports made under DFIA was rejected due to availing CENVAT Credit. The Commissioner (Appeals) favored the appellant, leading to refund sanction by the adjudicating authority. However, the claim for interest post 3 months from rebate claim receipt was denied, prompting the appeal. The Commissioner (Appeals) linked interest payment to the order date, not the filing date, which the appellant contested.

2. The Commissioner (Appeals) justified the interest denial post 3 months from the order date, citing a circular for re-examination. However, the Tribunal found this view unlawful, referencing the Rajasthan High Court's decision emphasizing interest liability from the refund claim application date. The Supreme Court's stance in Ranbaxy Laboratories Ltd. v. UoI further supported interest payment initiation after 3 months from the claim application, not the order date.

3. The Tribunal, aligning with the legal precedents, overturned the Commissioner (Appeals)' decision, granting relief to the appellant. The judgments highlighted the necessity to calculate interest under Section 11BB from the refund claim application date, ensuring prompt payment post 3 months. Consequently, the impugned order was set aside, favoring the appellant with consequential relief.